성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes and reflects the Defendant’s mistake; (b) there is no record of criminal punishment; and (c) the Defendant does not repeat a crime with a mental therapy, it is unreasonable for the lower court to impose a fine of KRW 5,00,000; (c) order to complete sexual assault treatment programs for 40 hours, or order to confiscate such programs.
2. The crime of this case is deemed to be a crime of taking pictures by putting smartphones which functioned as a dynamic image on the part of the defendant's cell, which operated in a short set of a short set, after which the defendant was placed in the store, and putting them into the part of the injured party, which is not good to the nature of the crime of this case. The defendant has the record of being sentenced to suspension of indictment for the same kind of crime in 2014, the defendant has not been compensated, the damage has not been compensated, the circumstances asserted in the grounds of appeal are already reflected in the sentencing, and there is no special change of circumstances that can be considered in the judgment of the court below, such as the defendant's age, sex, environment, degree of damage, motive and circumstance of the crime, and the circumstances after the crime, etc., the above argument is without merit, and thus, it is not unfair for the court below's punishment to be too unreasonable.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.